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5 EDW VII 1905 No 39 Hokitika Harbour

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5 EDW VII 1905 No 39 Hokitika Harbour 766 1905, No. 39.~ Hokitika Harbour. [5 Enw. VII. New Zealand. Title. ANALYSIS. 1. Short Title. I 6. Lands vested in Board. 2. Interpretation. 7. P.,wer to borrow. 3. Constitution of Harbour Board. 8. Power to colJect dues on timber exported. 4. Harbour district. I 9. River-protection works. 5. Endowment. Power to mortgage or sell. I 10 Board may levy rate on ratea.ble property in How ~a'e conducted. Power 10 mortgage I borough. or 5pll to be 5U bjeat to existing rigbtR. 11 Repeal. Application of purchase·money. SChedules. -----.------ 190.5, No. 39.-Local. Title. AN ACT to consolidate certain Acts of the General Assembly relating to Hokitika Harbour. [23rd October, 1906. BE [T ENACTED by the General Assembly of New Zealand in Par­ liament assembled, and by the authority of the same, as follows :- Short Title. 1. The Short Title of this Act is "The Hokitika Harbour Act, HJ05." Interpretation. 2. In this Act "the Board" means the Hokitika Harbour Board as defined by this Act. Constitution of 3. (1.) The Harbour Board shall consist of five members, as Harbour Board. follows :- The Mayor for the time being of the Borough of Hokitika ; The Chairman for the time being of the County of Westland; Three members elected by the ratepayers of the Borough of Hokitika. (2.) Where any addition is made to the harbour district herein­ after constituted, the number of members of the Board shall be increased as follows;- (a.) If the Kanieri Riding of the Westland County is so added, then by one member appointed by the Westland County Council, being one of the members of the said Council representing the Kanieri Riding; (b.) If the Borough of Ross is so added, then by one m~mber, being the Mayor for the time being of the Borough of Ross; and (c.) If any part of the Southern Riding of the County of Westland is so added, then by one member appointed by the said Council, being one of its members representing the Southern Riding. • 5 EDW. VII.] Hokitika Harbour. [1905, No. 39. 767 4. (1.) There is hereby constituted a harbour district, com- Harbour district. prising the Borough of Hokitika. (2.) The Governor may from time to time, by Order in Council gazetted, on the recommendation of the Board and with the consent of the ratepayers, declare that the Kanieri Riding, the Borough of Ross, and the Southern Riding of the said county or any part thereof described in the said Order shall be added to and form part of the said harbour district; anq every such Order shall have effect accordingly. (3.) The consent of the ratepayers shall be obtained in the manner prescribed by " The Locall!.ilections Act, 1904." 5. (1.) The lands described in the First Schedule hereto are hereby Endowment. vested in the Board as an endowment for the purposes of the Hokitika Harbour, subject to the mortgage existing thereon to His Majesty the King. (2.) The Board may sell and absolutely dispose of the said land or Power to mortgage any part thereof by public auction or by tender: or sell. Provided that no land shall be disposed of at a price less than one pound per acre: Provided also that every sale shall be subject to the consent of the Postmaster-General on behalf of His Majesty as mortgagee. (3.) Such sale shall be conducted by the Land Board of the district. How sale, (4.) Any sale under the power given by this Act shall be made pconductea. · 11 I I' h d" . il . h d f ower to mortgage SUb Ject to a ega ng ts an mmmg prlV eges eXlstmg at t e ate 0 or seil to be 8UtJj<ot sale. to existang rights. (5.) The proceeds of every such sale shall be applied by the Land Application of Board- puroha.se.money. (a.) In paying the same to the Postmaster-General, on behalf of His Majesty as mortgagee, in or towards satisfaction of the principal and interest moneys due and owing under the said mortgage, interest taking priority of principal; and (b.) After full payment and satisfaction of all principal and in~rest moneys as aforesaid, in paying the surplus to the Board. 6. The lands described in the Second Schedule hereto are also La.nds vested ill vested .in the Board for the purposes of the Hokitika Harbour. BJard. 7. (1.) In lieu of exercising the power to sell conferred by sec- Power to borrow. tion five hereof, the Board may from time to time borrow money, not exceeding in the whole the sum of fifty thousand pounds, on the security of-· , (a.) Its endowments (excepting endowment number one hundred and forty-five (in red) in the Arahura district) and the rents and profits derived therefrom; and (b.) The revenue received on the export of timber under section eight hereof. (Z.) Such moneys may be raised in the manner prescribed by " The Local Bodies' Loans Act, 1901," and the provisions of that Act shall apply as if the Board were a local authority and the harbour-works hereinafter mentioned were public works within the meaning of Part I. of that Act. , (0.) As further security for the money authorised to be borrowed as aforesaid the Board may make and levy a special rate not exceed­ ing twopence in -the pound on all rateable property in the harbour district. 768 1905, No. 39.J Hnk#ika Harbour. [5 Enw. VII. (4.) The moneys so raised shall be applied- , First, in paying off the moneys due to His Majesty under the said mortgage; and Secondly, in constructing such harbour-works as the Board may deem necessary. ' Power to oolleot 8. It shall be lawful for the Board to levy and collect any sum dues on timber not exceeding two shillings and sixpence per one thousand superficial exported. feet on all timber exported from the Hokitika Harbour; River-pro Leotion 9. (1.) The Board may construct such dams, breakwaters, embank­ work~. ments, walls, and other works of a similar character as the Board deems .. necessary for the improvement of the navigation of the Hokitika River, including all arms and lagoons thereof, from the Township of Kanieri to the sea, or for the general protection or conservation of the banks thereof. (2.) All such works shall be deemed to be harbour-works within the meaning of" The Harbours Act, 1878." Boa.rd ma.y levy ra.te 10. The Board may, on the request of the Hokitika Borough Council, ~~o~~~;bl~ levy a general river-protection rate, not exceeding in anyone year one borough. shilling in the pound on the capital value of all rateable property in the said borough, for the purpose of constructing, maintaining, and repairing such river protection as the Board thinks necessary, or for the payment of interest and sinking fund (if any) upon moneys borrowed for the purposes of such works. Repea.l. 11. The Acts and parts of Acts mentioned in the Third Schedule hereto are hereby repealed: Provided that such repeal shall not affect the rights of any creditor of the Board under any Act hereby repealed, or the validity of any act lawfully done under any such Act. Sohedules. SCHEDULES. FIRST SCHEDULE. ALL that parcel of land containing 14,150 acres, more or less, situated in the Arahura District, in the Land District of Westland: commencing at th) eastern boundary of Native Reserve No. 30-bounded on the northward by south boundary of Block V. and a line one hundred (100) chains distant from and parallel with north bank of Arahura River, one thousand (1,000) chains; on the westward by the said Native Reserve No. 30 and east boundary of Block V., distances respectively of one hundred (100) chains; on the southward by a line one hundred (100) chains distant from and parallel with south bank of Arahura River, one thousand (1,000) chains; and on the eastward by a line running due north, two hundred (200) chains, and known as Reserve No. 145 (in red): subject to Government reserves and reserves for road, tramway, or railway purposes, and exclusive of Section 1676 and pre-emptive right, existing reserves, and gold-workings. All that parcel of land containing 15,700 acres, more or less, situate in the Totara District, in the Land District of Westland, and known as Reserve No. 146 (in red): bounded on the southward by the northern bank of the Totara River; on the eastward by~the east boundary of Block LXVI., and part of the east boundary of Block XXXVI. ; on the northward by the RP. line, and line in continuation thereof to the sea-coast; and onJthe westward by the sea-coast: subject to reserves for Government, road, tramway~ or railway purposes, and ex-clusive of all existing reRerves and sold land and gold-work­ ings. 5 EDW. VI!.] H okitika Harbour. ~1905, No. 39. 769 SECOND SCHEDULE. ALL that parcel of land situate in the Town of Hokitika, in the Land District of Westland, containing by admeasurement 12 acres 3 roods, more or less, and known as "Gibson's Quay": bounded on the south by the Hokitika River; on the east by a line in continuation of the western side of Jollie Street; on the west by the western side of Wharf Street; on the north by a line being parallel to and two chains distant from the first described boundary: and numbered 434 (in red) on the map of the Chief Surveyor of the Land District of Westland setting out and describing the Town of Hokitika aforesaid: as the same is delineated on the plan drawn in the margin of a certain Crown grant of the said land to the Superintendent of the Province of Canter­ bury, bearing date the sixth day of November, one thousand eight hundred and sixty­ five: together with all the rights and appurtenances thereto belonging.
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